Thursday, August 23, 2012

An employee may employed by more than one employer

Stanley v. Advertising Directory Solutions Inc., 2012 BCCA 350 is a helpful source for the well established view that an employee may employed by more than one employer:


[35]        The notion that an employee may have more than one employer is well established in this province.  In Sinclair v. Dover Engineering Services Ltd. 1988 CanLII 3358 (BC CA), (1988), 49 D.L.R. (4th) 297 (B.C.C.A.), Mr. Justice Wallace stated at 299:


It must be kept in mind that one may be employed by a number of companies at different times for different purposes, or even at the same time. That is a matter of agreement reached between the employee and his respective employers and as long as they are aware of the employee's various activities or roles it is a matter with respect to which the parties can reach what they consider the most commercially convenient arrangement.


The Court did not suggest that where the employment of an employee of two or more employers is terminated without the required notice, one of more of the employers might not be liable for wrongful dismissal.


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